Preview
FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/23/2019
EXHIBIT B
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/23/2019
10/26/2017 01:57
05:10 PM
PMI
INDEX
INDEX NO.
NO. 520801/2017
520801/2017
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 17
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/23/2019
10/26/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------------X
JEAN T. JACQUET and GRACE JACQUET his wife Index No.
Date Purchased:
Plaintiff(s) SUMMONS WITH NOTICE
Plaintiff(s) designate
-against- KINGS County
as the place of trial
A & W IRON WORK INC. and The basis of venue is
Defendants'
TAKSON H. CHAN address
Defendant(s)
------------------------ -----------------------------x
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action andtoservea
Plaintiffs'
copy of your answer on the attorney within twenty (20) days after the service of this
summons and complaint, exclusive of the day of service, or within thirty (30) days after the service is
complete ifthis summons and complaint are not personally delivered to you within the State ofNew
York; and in case of your failure to answer, judgment will be taken against you by default for the
relief demanded herein.
NOTICE: The nature of this action is to recover monetary damages for the negligent
ownership, maintenance and control of a motor vehicle owned and operated by defendants.
RELIEF SOUGHT: Monetary damages for personal injuries, pain and suffering, emotional
distress, medicaland hospital bills,and loss of earnings.
Dated: New York, New York
October25, 2017
Yours, etc.,
DAVIS, SAPERSTEIN & SALOMON, P.C.
Attorneys for Plaintiff(s)
39 Broadway, Suite 520
New York, NY 10006
(212) 608-1917
By: No
Rachael Nass
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Defendant's Address:
DOS service
A & W Iron Work, Inc.
222 52ndStreet
Brooklyn, NY 11220
Personal service
Takson H. Chan
7th
5007 Ave., 2ndflOOr
Brooklyn, NY 11220
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FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/23/2019
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520801/2017
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NYSCEF DOC.
DOC. NO.
NO. 17
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/23/2019
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------- --------------------X
JEAN T. JACQUET and GRACE JACQUET his wife Index #
Plaintiff(s)
-against- VERIFIED COMPLAINT
A & W IRON WORK, INC. and
TAKSON H. CHAN
Defendants(s)
---¬-------------------- ------------------------x
Plaintiff, complaining of defendants, by his attorneys, DAVIS, SAPERSTEIN &
SALOMON, P.C., sets forth upon information and belief, as follows:
AS AND FOR A CAUSE OF ACTION ON
BEHALF OF PLAINTIFF JEAN JACQUET
1. This action falls within one or more of the exceptions set forth in C.P.L.R. Section
1602.
2. At all times hereinafter mentioned, plaintiff JEAN JACQUET was and stillis a
resident of the State of New Jersey.
3. Upon information and belief, at all times hereinafter mentioned, plaintiff resided at
1947 Henry St.,Rahway, NJ 07065.
4. Upon information and belief, at all times hereinafter mentioned, plaintiff was the
owner and operator of a certain motor vehicle bearing a State of New Jersey license
plate number P49EPD.
3
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FILED : KINGS
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520801/2017
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NYSCEF DOC.
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1 RECEIVED
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5. Upon information and belief, at all times hereinafter mentioned, defendant A & W
IRON WORK INC. was and stillis a domestic business corporation duly organized
and existing under and pursuant to the laws of the State of New York.
6. Upon information and belief, at all times hereinafter mentioned, defendant A & W
IRON WORK INC. is a duly organized domestic business corporation authorized to
do business in the State of New York.
7. Upon information and belief, at all times hereinafter mentioned, defendant A & W
IRON WORK INC. is a duly organized domestic business corporation transacting
business in the State of New York.
8. Upon information and belief, at all times hereinafter mentioned, defendant A & W
IRON WORK INC. a duly organized domestic business corporation derives
substantial revenue from goods used or consumed or services rendered in the State of
New York.
9. Upon information and belief, at all times hereinafter mentioned, defendant A & W
IRON WORK INC. a duly organized domestic business corporation expected or
should reasonably have expected itsacts and business activities to have consequences
within the State of New York.
10. Upon information and belief, at all times hereinafter mentioned, defendant A & W
IRON WORK INC. was the owner of a certain motor vehicle bearing a State ofNew
York license plate number Z1050MA.
11. Upon information and belief, at alltimes hereinafter mentioned, defendant TAKSON
7th
H. CHAN resided at 5007 Ave., Brooklyn, New York.
4
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FILED : KINGS
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12. Upon information and belief, at alltimes hereinafter mentioned, defendant TAKSON
H. CHAN was operating a certain motor vehicle bearing a State ofNew York license
plate number Zl050MA owned by defendant A & W IRON WORK INC. with the
knowledge, permission and/or consent of defendant either expressed or implied.
13. Upon information and belief, at alltimes hereinafter mentioned, defendant TAKSON
H. CHAN was operating a certain motor vehicle bearing a State of New York license
plate number Z1050MA owned by defendant A & W IRON WORK INC. in the
course of his employment with Defendant A & W Iron Work, Inc.
60*
14. Upon information and belief, at all times hereinafter mentioned, Street at its
intersection with Third Avenue, in the County of Kings, City and State ofNew York
were and stillare public roadways and thoroughfares in common use by residents of
the State of New York and others.
7*
15. Upon information and belief, on or about the day of December, 2015, defendant
TAKSON H. CHAN was operating the aforesaid motor vehicle owned by defendant
60th
A & W IRON WORKS INC over and along Street at itSinterSection with Third
Avenue, in the County of Kings.
7*
16. Upon information and belief, on or about the day of December, 2015, plaintiff was
60th
operating the aforesaid motor vehicle over and along over and along Street at itS
intersection with Third Avenue, in the County of Kings, City and State ofNew York.
17. Upon information and belief, at the time and place aforementioned, said motor
vehicle operated by defendant TAKSON H. CHAN, as aforementioned, came into
violent contact and collision with the motor vehicle driven plaintiff
by
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[FILED KINGS
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NO. 520801/2017
520801/2017
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NYSCEF DOC.
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1 RECEIVED
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18. Upon information and belief, as a result of the foregoing, Plaintiff sustained certain
severe personal injuries.
19. Upon information and belief, this accident occurred without any negligence on the
part of the plaintiff contributing thereto.
20. Upon information and belief, Defeñdants were careless and negligent in the
ownership, operation, mâñãgement, maistcñañce and control of their motor vehicle;
in failing to look, in failing to see, in failing to be observant of the surrounding
circumstances; in operating the motor vehicle at a greater rate of speed than care and
caution would permit under the circumstances; in causing, allowing and permitting
the motor vehicle to strike and come in contact with Plaintiff s motor vehicle; in
failing to take due and proper notice of the presence of other vehides on the roadway;
in causing, allowing and permitting contact with said motor vehicle being driven by
Plaintiff; in failing to make prompt, proper and timely use of and maintain the
steering mechanism of the motor vehicle; in failing to observe the traffic signs and
controls then and there in effect; in failing to properly use and maintain the braking
and steering mechanism of the motor vehicle in proper adequate condition and/or
repair; in failing to give any signal, sound or warning of the approach of the motor
vehicle; in failing to exercise due care and caution in the operation and control of the
motor vehicle so as to have avoided this accident and the injuries to the Plaintiff
herein; in failing to be and remain reasonably alert; in failing to act reasonably in
light of the roadway conditions; in failing to exercise due care in controlling the
motor vehicle; in failing to drive on the proper side of the roadway; in crossing over a
6
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FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/23/2019
10/2 6/2017 01:57
05 :10 PM
PM|
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INDEX NO.
NO. 520801/2017
520801/2017
NYSCEF
NYSCEF DOC.
DOC. NO.
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1 RECEIVED
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divider; in failing to travel at a safe speed; in operating the vehicle in a reckless,
careless and negligent manner; in operating the vehicle without regard for others
utilizing the public roadways; in violating those statutes, ordinances, rules and
regulations in such cases made and provided, of which this Court will take Judicial
Notice at the time of the trial of this action; and in being otherwise and further
careless and negligent in the ownership, operation, mañagement, maintenance and
control of the motor vehicle.
21. Upon information and belief, by reason of the aforesaid, this Plaintiff was caused to
sustain serious, severe and painful personal injuries which are permanent and lasting
in their nature and was caused to be rendered sick, sore, lame and disabled; was
câüsed to suffer great pain and anguish, and may in the future continue to so suffer;
was caused to seek medical care and attention and treatment in an effort to cure
himself of his said injuries; was caused to be incapacitated from his usual duties,
activities and employment, and may in the future continue to be so incapacitated and
was caused to sustain serious injury within the purview of Section 5102 (d) of the
Insurance Law in Upon information and belief, the Plaintiff sustained serious
injuries.
22. This action is not barred by Article 51 of the Insurance Law, CLS Ins Law Sec. 5101
et seq., by reason of the fact that Plaintiff, sustained serious injuries and economic
loss greater than basic economic loss.
7
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FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/23/2019
10 / 2 6 / 2 017 01:57
0 5 :10 PM
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NO. 520801/2017
520801/2017
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NYSCEF DOC.
DOC. NO.
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1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/23/2019
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23. By reason of the foregoing, the Plaintiff, JEAN T. JACQUET has been damaged in
an amount which exceeds the jurisdictional limits of alllower courts which would
otherwise have jurisdiction.
AS AND FOR A CAUSE OF ACTION ON
BEHALF OF PLAINTIFF GRACE JACQUET
24. Plaintiff, GRACE JACQUET repeats, reiterates, and realleges each and every
allegation contained in paragraphs 1 to 23 of the within complaint with the same
force and effect as though each were more fully set forth at length herein.
25. That at all times hereinafter mentioned, and prior thereto, plaintiff GRACE
JACQUET, was and stillis the wife of plaintiff JEAN JACQUET and as such wife
did and still does reside and cohabit with said plaintiff.
26. That at alltimes hereinafter mentioned, GRACE JACQUET has been deprived of the
society, compañioñship, services and consortium of her husband, and upon
information and belief, will continue to be deprived of the same in the future, as a
result of the foregoing.
27. By reason of the foregoing, plaintiff GRACE JACQUET has been asmaged in an
amount which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
WHEREFORE, plaintiffs demand judgment against the defendant in the First Cause of
Action and in the Second Cause of Action in an amount which exceeds the jurisdictional limits of all
lower courts which would otherwise have jurisdiction, together with interest from December 7, 2015
together with the costs and disbursements of this action.
8
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FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/23/2019
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0 5 :10 PM
PM|
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INDEX NO.
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NYSCEF DOC.
DOC. NO.
NO. 1
17 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/26/2017
07/23/2019
Dated: New York, New York
October 25, 2017
Yours, etc.,
DAVIS, SAPERSTEIN & SALOMON, P.C.
Attorneys for Plaintiff(s)
39 Broadway, Suite 520
New York, NY 10006
(212) 608-1917
Rachael Nass
9
9 of 12
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 07/23/2019
10/26/2017 01:57
05:10 PM
PM|
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ATTORNEY'S VERIFICATION
The undersigned, an attorney duly admitted to practice in the Courts of the State of New
York, whereby affirms the following to be true under the penalties of perjury:
I am an attorney associated with the firm of DAVIS, SAPERSTEIN & SALOMON, P.C.,
attorneys for the Plaintiff in the within action; Upon information and belief, the undersigned has read
the foregoing COMPLAINT and knows the contents thereof; Upon information and belief,the same
is trueto deponent's own knowledge, except as to those matters alleged to be true upon information
and belief, and as to those affirmant believes them to be true.
The undersigned further states Upon information and belief, the reason this verification is
made by the undersigned and not by Plaintiff is Upon information and belief, the Plaintiff is not
presently within the County where affirmant maintains his office.
The ground of affirmant's belief as to allmatters not stated to be upon affirmant's knowledge, are
as follows: Investigations, conversations, correspondence, etc.
The undersigned affirms Upon information and belief, the foregoing statements are true,
under the penalty of perjury.
Dated: New York, New York
October 25, 2017
Rachael Nass
10
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NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/23/2019
NYSCEF DOC. NO. 1 REC
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX NO.:
JEAN T. JACQUET
Plaintiff(s)
-against-
A & W IRON WORK, INC. AND TAKSON H. CHAN
Defendant(s)
SUMMONS WITH NOTICE
____
and VERIFIED COMPLAINT
DAVIS, SAPERSTEIN & SALOMON, P.C.
Attorneys for Plaintiff(s)
39 Broadway, Suite 520
New York, New York 10006
(212) 608-1917
To:
Service of a copy of the within papers is hereby admiMéd
Dated: October 25, 2017
Attorney(s) for
PLEASETAKENOTICE
O that the within is a (certified) true copy of a
NOTICE OF entered in the office of the clerk of the within named
ENTRY Court on , 20 .
O that an Order of which the within is a true copy will
NOTICE OF be presented for settlement to the Honorable
SETTLEMENT one of the judges of the within named Court, at
on
Dated:
FILED: KINGS COUNTYCOUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017
IFILED: KINGS CLERK 10/26/2017 05:10 PM|
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/23/2019
NYSCEF DOC. NO. 1 REC
Preview
FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/23/2019 EXHIBIT B FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/23/2019 10/26/2017 01:57 05:10 PM PMI INDEX INDEX NO. NO. 520801/2017 520801/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 17 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/23/2019 10/26/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X JEAN T. JACQUET and GRACE JACQUET his wife Index No. Date Purchased: Plaintiff(s) SUMMONS WITH NOTICE Plaintiff(s) designate -against- KINGS County as the place of trial A & W IRON WORK INC. and The basis of venue is Defendants' TAKSON H. CHAN address Defendant(s) ------------------------ -----------------------------x TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action andtoservea Plaintiffs' copy of your answer on the attorney within twenty (20) days after the service of this summons and complaint, exclusive of the day of service, or within thirty (30) days after the service is complete ifthis summons and complaint are not personally delivered to you within the State ofNew York; and in case of your failure to answer, judgment will be taken against you by default for the relief demanded herein. NOTICE: The nature of this action is to recover monetary damages for the negligent ownership, maintenance and control of a motor vehicle owned and operated by defendants. RELIEF SOUGHT: Monetary damages for personal injuries, pain and suffering, emotional distress, medicaland hospital bills,and loss of earnings. Dated: New York, New York October25, 2017 Yours, etc., DAVIS, SAPERSTEIN & SALOMON, P.C. Attorneys for Plaintiff(s) 39 Broadway, Suite 520 New York, NY 10006 (212) 608-1917 By: No Rachael Nass 1 of 12 FILED:: [FILED KINGS KINGS COUNTY COUNTY CLERK CLERK 07/23/2019 10/2 6/2017 01:57 05 :10 PM PMI INDEX INDEX NO. NO. 520801/2017 520801/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 17 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/23/2019 10/26/2017 Defendant's Address: DOS service A & W Iron Work, Inc. 222 52ndStreet Brooklyn, NY 11220 Personal service Takson H. Chan 7th 5007 Ave., 2ndflOOr Brooklyn, NY 11220 2 2 of 12 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/23/2019 10 / 2 6 / 2 017 01:57 0 5 :10 PM PM| INDEX INDEX NO. NO. 520801/2017 520801/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 17 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/23/2019 10/26/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------- --------------------X JEAN T. JACQUET and GRACE JACQUET his wife Index # Plaintiff(s) -against- VERIFIED COMPLAINT A & W IRON WORK, INC. and TAKSON H. CHAN Defendants(s) ---¬-------------------- ------------------------x Plaintiff, complaining of defendants, by his attorneys, DAVIS, SAPERSTEIN & SALOMON, P.C., sets forth upon information and belief, as follows: AS AND FOR A CAUSE OF ACTION ON BEHALF OF PLAINTIFF JEAN JACQUET 1. This action falls within one or more of the exceptions set forth in C.P.L.R. Section 1602. 2. At all times hereinafter mentioned, plaintiff JEAN JACQUET was and stillis a resident of the State of New Jersey. 3. Upon information and belief, at all times hereinafter mentioned, plaintiff resided at 1947 Henry St.,Rahway, NJ 07065. 4. Upon information and belief, at all times hereinafter mentioned, plaintiff was the owner and operator of a certain motor vehicle bearing a State of New Jersey license plate number P49EPD. 3 3 of 12 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/23/2019 10 / 2 6 / 2 017 01:57 0 5 :10 PM PM| INDEX INDEX NO. NO. 520801/2017 520801/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 17 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/23/2019 10/26/2017 5. Upon information and belief, at all times hereinafter mentioned, defendant A & W IRON WORK INC. was and stillis a domestic business corporation duly organized and existing under and pursuant to the laws of the State of New York. 6. Upon information and belief, at all times hereinafter mentioned, defendant A & W IRON WORK INC. is a duly organized domestic business corporation authorized to do business in the State of New York. 7. Upon information and belief, at all times hereinafter mentioned, defendant A & W IRON WORK INC. is a duly organized domestic business corporation transacting business in the State of New York. 8. Upon information and belief, at all times hereinafter mentioned, defendant A & W IRON WORK INC. a duly organized domestic business corporation derives substantial revenue from goods used or consumed or services rendered in the State of New York. 9. Upon information and belief, at all times hereinafter mentioned, defendant A & W IRON WORK INC. a duly organized domestic business corporation expected or should reasonably have expected itsacts and business activities to have consequences within the State of New York. 10. Upon information and belief, at all times hereinafter mentioned, defendant A & W IRON WORK INC. was the owner of a certain motor vehicle bearing a State ofNew York license plate number Z1050MA. 11. Upon information and belief, at alltimes hereinafter mentioned, defendant TAKSON 7th H. CHAN resided at 5007 Ave., Brooklyn, New York. 4 4 of 12 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/23/2019 10 / 2 6 / 2 017 01:57 0 5 :10 PM PM| INDEX INDEX NO. NO. 520801/2017 520801/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 17 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/23/2019 10/26/2017 12. Upon information and belief, at alltimes hereinafter mentioned, defendant TAKSON H. CHAN was operating a certain motor vehicle bearing a State ofNew York license plate number Zl050MA owned by defendant A & W IRON WORK INC. with the knowledge, permission and/or consent of defendant either expressed or implied. 13. Upon information and belief, at alltimes hereinafter mentioned, defendant TAKSON H. CHAN was operating a certain motor vehicle bearing a State of New York license plate number Z1050MA owned by defendant A & W IRON WORK INC. in the course of his employment with Defendant A & W Iron Work, Inc. 60* 14. Upon information and belief, at all times hereinafter mentioned, Street at its intersection with Third Avenue, in the County of Kings, City and State ofNew York were and stillare public roadways and thoroughfares in common use by residents of the State of New York and others. 7* 15. Upon information and belief, on or about the day of December, 2015, defendant TAKSON H. CHAN was operating the aforesaid motor vehicle owned by defendant 60th A & W IRON WORKS INC over and along Street at itSinterSection with Third Avenue, in the County of Kings. 7* 16. Upon information and belief, on or about the day of December, 2015, plaintiff was 60th operating the aforesaid motor vehicle over and along over and along Street at itS intersection with Third Avenue, in the County of Kings, City and State ofNew York. 17. Upon information and belief, at the time and place aforementioned, said motor vehicle operated by defendant TAKSON H. CHAN, as aforementioned, came into violent contact and collision with the motor vehicle driven plaintiff by 5 5 of 12 FILED:: [FILED KINGS KINGS COUNTY COUNTY CLERK CLERK 07/23/2019 10 / 2 6 / 2 017 01:57 05 :10 PM PM| INDEX INDEX NO. NO. 520801/2017 520801/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 17 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/23/2019 10/26/2017 18. Upon information and belief, as a result of the foregoing, Plaintiff sustained certain severe personal injuries. 19. Upon information and belief, this accident occurred without any negligence on the part of the plaintiff contributing thereto. 20. Upon information and belief, Defeñdants were careless and negligent in the ownership, operation, mâñãgement, maistcñañce and control of their motor vehicle; in failing to look, in failing to see, in failing to be observant of the surrounding circumstances; in operating the motor vehicle at a greater rate of speed than care and caution would permit under the circumstances; in causing, allowing and permitting the motor vehicle to strike and come in contact with Plaintiff s motor vehicle; in failing to take due and proper notice of the presence of other vehides on the roadway; in causing, allowing and permitting contact with said motor vehicle being driven by Plaintiff; in failing to make prompt, proper and timely use of and maintain the steering mechanism of the motor vehicle; in failing to observe the traffic signs and controls then and there in effect; in failing to properly use and maintain the braking and steering mechanism of the motor vehicle in proper adequate condition and/or repair; in failing to give any signal, sound or warning of the approach of the motor vehicle; in failing to exercise due care and caution in the operation and control of the motor vehicle so as to have avoided this accident and the injuries to the Plaintiff herein; in failing to be and remain reasonably alert; in failing to act reasonably in light of the roadway conditions; in failing to exercise due care in controlling the motor vehicle; in failing to drive on the proper side of the roadway; in crossing over a 6 6 of 12 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/23/2019 10/2 6/2017 01:57 05 :10 PM PM| INDEX INDEX NO. NO. 520801/2017 520801/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 17 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/23/2019 10/26/2017 divider; in failing to travel at a safe speed; in operating the vehicle in a reckless, careless and negligent manner; in operating the vehicle without regard for others utilizing the public roadways; in violating those statutes, ordinances, rules and regulations in such cases made and provided, of which this Court will take Judicial Notice at the time of the trial of this action; and in being otherwise and further careless and negligent in the ownership, operation, mañagement, maintenance and control of the motor vehicle. 21. Upon information and belief, by reason of the aforesaid, this Plaintiff was caused to sustain serious, severe and painful personal injuries which are permanent and lasting in their nature and was caused to be rendered sick, sore, lame and disabled; was câüsed to suffer great pain and anguish, and may in the future continue to so suffer; was caused to seek medical care and attention and treatment in an effort to cure himself of his said injuries; was caused to be incapacitated from his usual duties, activities and employment, and may in the future continue to be so incapacitated and was caused to sustain serious injury within the purview of Section 5102 (d) of the Insurance Law in Upon information and belief, the Plaintiff sustained serious injuries. 22. This action is not barred by Article 51 of the Insurance Law, CLS Ins Law Sec. 5101 et seq., by reason of the fact that Plaintiff, sustained serious injuries and economic loss greater than basic economic loss. 7 7 of 12 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/23/2019 10 / 2 6 / 2 017 01:57 0 5 :10 PM PM1 INDEX INDEX NO. NO. 520801/2017 520801/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 17 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/23/2019 10/26/2017 23. By reason of the foregoing, the Plaintiff, JEAN T. JACQUET has been damaged in an amount which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. AS AND FOR A CAUSE OF ACTION ON BEHALF OF PLAINTIFF GRACE JACQUET 24. Plaintiff, GRACE JACQUET repeats, reiterates, and realleges each and every allegation contained in paragraphs 1 to 23 of the within complaint with the same force and effect as though each were more fully set forth at length herein. 25. That at all times hereinafter mentioned, and prior thereto, plaintiff GRACE JACQUET, was and stillis the wife of plaintiff JEAN JACQUET and as such wife did and still does reside and cohabit with said plaintiff. 26. That at alltimes hereinafter mentioned, GRACE JACQUET has been deprived of the society, compañioñship, services and consortium of her husband, and upon information and belief, will continue to be deprived of the same in the future, as a result of the foregoing. 27. By reason of the foregoing, plaintiff GRACE JACQUET has been asmaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, plaintiffs demand judgment against the defendant in the First Cause of Action and in the Second Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with interest from December 7, 2015 together with the costs and disbursements of this action. 8 8 of 12 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/23/2019 10 / 2 6 / 2 017 01:57 0 5 :10 PM PM| INDEX INDEX NO. NO. 520801/2017 520801/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 1 17 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/26/2017 07/23/2019 Dated: New York, New York October 25, 2017 Yours, etc., DAVIS, SAPERSTEIN & SALOMON, P.C. Attorneys for Plaintiff(s) 39 Broadway, Suite 520 New York, NY 10006 (212) 608-1917 Rachael Nass 9 9 of 12 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 07/23/2019 10/26/2017 01:57 05:10 PM PM| INDEX INDEX NO. NO. 520801/2017 520801/2017 NYSCEF NYSCEF DOC. DOC. NO. NO. 17 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/23/2019 10/26/2017 ATTORNEY'S VERIFICATION The undersigned, an attorney duly admitted to practice in the Courts of the State of New York, whereby affirms the following to be true under the penalties of perjury: I am an attorney associated with the firm of DAVIS, SAPERSTEIN & SALOMON, P.C., attorneys for the Plaintiff in the within action; Upon information and belief, the undersigned has read the foregoing COMPLAINT and knows the contents thereof; Upon information and belief,the same is trueto deponent's own knowledge, except as to those matters alleged to be true upon information and belief, and as to those affirmant believes them to be true. The undersigned further states Upon information and belief, the reason this verification is made by the undersigned and not by Plaintiff is Upon information and belief, the Plaintiff is not presently within the County where affirmant maintains his office. The ground of affirmant's belief as to allmatters not stated to be upon affirmant's knowledge, are as follows: Investigations, conversations, correspondence, etc. The undersigned affirms Upon information and belief, the foregoing statements are true, under the penalty of perjury. Dated: New York, New York October 25, 2017 Rachael Nass 10 10 of 12 FILED: KINGS COUNTYCOUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017 (FILED : KINGS CLERK 10/26/2017 05:10 PM| NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/23/2019 NYSCEF DOC. NO. 1 REC SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.: JEAN T. JACQUET Plaintiff(s) -against- A & W IRON WORK, INC. AND TAKSON H. CHAN Defendant(s) SUMMONS WITH NOTICE ____ and VERIFIED COMPLAINT DAVIS, SAPERSTEIN & SALOMON, P.C. Attorneys for Plaintiff(s) 39 Broadway, Suite 520 New York, New York 10006 (212) 608-1917 To: Service of a copy of the within papers is hereby admiMéd Dated: October 25, 2017 Attorney(s) for PLEASETAKENOTICE O that the within is a (certified) true copy of a NOTICE OF entered in the office of the clerk of the within named ENTRY Court on , 20 . O that an Order of which the within is a true copy will NOTICE OF be presented for settlement to the Honorable SETTLEMENT one of the judges of the within named Court, at on Dated: FILED: KINGS COUNTYCOUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017 IFILED: KINGS CLERK 10/26/2017 05:10 PM| NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/23/2019 NYSCEF DOC. NO. 1 REC